ITC had filed a suit claiming that the adoption of the mark ‘Balk Bukhara’ by a Gurgaon restaurant amounted to infringement of its trademark. Additionally, ITC sought a declaration of its mark ‘Bukhara’ as a well-known mark.
Counsel for the defendants informed the Court that the mark ‘Bukhara’ had not been protected by courts in the USA.
The defendants, however, agreed not to use the mark ‘Balk Bukhara’ or any other mark with the word ‘Bukhara’ for their hotel, restaurant or other hospitality services.
Consequently, the Court restrained the defendants from using the mark ‘Balk Bukhara’ or any other similar mark in any form and directed them to change the items or places where the mark appears before December 31, 2022.